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The Decriminalization of Prostitution

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The Decriminalization of Prostitution University of Hawai‘i at Hilo HOHONU 2019 Vol. 17 prostitution in America was actually legal. However, The Decriminalization of once venereal diseases spread throughout the country, Prostitution female prostitutes were the “scapegoats” that the public chose to blame, without prostitutes’ male customers Misty Figueira receiving any of the blame, although they certainly Marilyn Monroe, Jayne Mansfield, and Ann-Margret held responsibility and partook in the acts as well are all well known names, but not because of their (Carrasquillo 2014: 702-703). In the 1900s, prostitution accomplishments: they are well known for being sex continued to increase not only in the United States, but symbols. Unfortunately, this is common: Hollywood and around the world, with the United States military and Western culture often “sell sex” in order to make money, various wars that helped to globalize prostitution (Ivie and the main focus is placed on someone’s body rather 2013: 54). This is when laws that were meant to regulate than on the actual person. However, in a society that prostitution and attempt to end human sex trafficking in heavily sexualizes and objectifies women as a marketing the United States were created. Examples of such laws tool, one would think prostitution and sex work would are the Mann Act, which “...imposed heavy penalties on be legal. This is often not the case. In fact, countries transporting, or in any way aiding, abetting, or causing around the world have struggled with whether or not the transportation of women from one state to another for to legalize prostitution. But why is something that is so an ‘immoral purpose’” (Johnson 2014: 703). This law was heavily pushed onto consumers through social media, meant to fight human trafficking (Johnson 2014: 703), magazines, and movies, illegal, especially when it while the Standard Vice Repression Law of 1919, worked happens so frequently? The unfortunate answer is simple: towards criminalizing prostitution entirely (Deady 2011: the criminalization of prostitution is a patriarchal way to 525). By the year 1925, prostitution became illegal in continue to exploit, control, and keep women in a lower every state (Johnson 2014: 723), with Nevada working position of power that prohibits them from rising up and to legalize it in the next few decades. Through these ultimately, from reaching equality with men. different events, eras, and policies, one thing remained Sex work, as defined by Ronald Weitzer (2010), “... constant: the constant degradation, stereotyping, and involves the exchange of sexual service, performances, commodification of women as prostitutes. or products for material compensation. It includes Unfortunately, the history and globalization of activities of direct physical contact between buyers and prostitution has led to the current situation. The general sellers (prostitution, lap dancing) as well as indirect consensus in the United States, save for the state of sexual stimulation (pornography, stripping, telephone Nevada, is that prostitution is illegal. As Kathleen Barry sex, live sex shows, eroticwebcam performances). The (1995) writes, “Regardless of which legal approach to sex industry refers to the workers, managers, owners, prostitution a given state adopts, a form of prostitution- agencies, clubs, trade associations, and marketing -visible street solicitation, which is usually the lowest involved in sexual commerce, both legal and illegal category in the prostitution hierarchy-- singles out varieties” (1). While most of these types of sex work women for social and legal condemnation and are legal, such as stripping, exotic dancing, webcam punishment. Street prostitution is illegal or unacceptable performances, and so on, prostitution, which is the act in most countries. Because it is visible, it is the source of selling sex for money (Carrasquillo 2014: 697), is still of the most frequent arrests, fines, and imprisonment of considered a crime in many places, that, sadly, women prostitute women” (220). Currently, depending on if they go to prison for. While often referred to as one of the are a first time offender and the state, women can face “oldest professions”, prostitution can be found in most between months and years in jail, in addition to paying early civilizations and various historical eras. Scholars thousands of dollars in fees (Anon 2018:“US Federal argue that since 2400 B.C.E. prostitutes have been treated and State...”). Historically, in the United States, laws disgracefully and as part of the lowest class (Carrasquillo regarding prostitution have targeted the seller of sex, but 2014: 699). Prostitution was also a common profession not the buyer. Since, statistically, there are more female in Ancient Greece and Ancient Rome, and is mentioned prostitutes than there are male prostitutes, these laws throughout the Christian bible. Continuing from ancient most often target and affect women (Johnson 2014: 720). periods of time into the Victorian Era, prostitutes When prostitution in the United States was legal, though continued to be characterized and socially viewed as frowned upon, prostitutes were “...punished under a “...‘ruined victim’ or a ‘victimizer’ who destroyed the lewdness or nightwalking statutes. Prosecutors and police public” (Ivie 2013: 53). This is when the dehumanization enjoyed wide discretion, and they used this discretion to and stereotyping of female prostitutes began to take protect johns [(male clients)] while punishing prostitutes. hold (Ivie 2013: 53). The Progressive Era expanded As a consequence, johns were never charged in equal on this, but claimed that female prostitutes could be proportion to prostitutes, and even when men were rehabilitated back into society, and that they could still charged as customers, they were convicted at lower be good mothers and wives. As Tesla Carrasquillo (2014) rates and received lighter sentences, usually fines, while writes, “Prostitutes are [and were] often considered women were imprisoned” (Johnson 2014: 720-721). dirty, used, disease-ridden, pathetic, and worst of all, Sadly, not only were women being punished unfairly dispensable” (697-698). Despite all of this, in the 1800s 7 University of Hawai‘i at Hilo HOHONU 2019 Vol. 17 for their crimes more than men, but they were also physical and sexual abuse, and to violent victimization being abused as well. In her article, “Asset Theory and while in prostitution. The existing data suggest that almost Prostitution: The Implications of U.S. Prostitution Policy all who are in prostitution suffer from at least one of the and Ideology on Asset Building Strategies”, Allison Ivie following types of disorders; dissociative, posttraumatic, discusses how criminalizing sex work has not protected mood, or substance abuse” (Ross, Farley, and Schwartz women from police abuse, nor has it done anything 2003: 199). Unfortunately, many of the women who to help eliminate the market (56). What is appalling is are involved in prostitution are in lower socioeconomic that state governments ensure that this harmful cycle classes, suffer from a disorder, and are more exposed remains in place: by criminalizing prostitution, the to venereal diseases. These women need help, but are stigma surrounding it and prostitutes remains intact, frequently unable to get it and are forced to resort to which moves states towards the goals of eradicating prostitution. it (Carrasquillo 2014: 704). This, by extension, keeps So where does the solution to this widespread women prostitutes in positions that do not allow them problem lie? There is certainly strong support for both to exit their current employment position and, therefore, legalizing and trying to abolish prostitution. In the does not allow them to move into higher socioeconomic United States the debate over whether or not prostitution classes. Additionally, these laws have been harmful to should be legal has grown recently, and those against female prostitutes’ physical health. “Over time, however, it readily point out negative factors of doing so (R. public health research has conclusively demonstrated Barri Flowers 1998: 153). On one hand, there are that criminal laws on prostitution and HIV significantly those who believe that legalizing prostitution only impede the ability of sex workers to access services and to perpetuates the systematic injustice that keeps women live without the stigma and blame association with being in subordinate classes. Additionally, many believe that a transmitter of HIV” (Ahmed, Baskin, and Forbes 2016: the complete eradication of prostitution would help to 355). Not only are the current laws systematically sexist prevent venereal diseases from being spread, lead to and inadvertently target women sex workers, but they crimes connected to prostitution being reduced, and are also harmful to the public’s health. This is because stop the sexual exploitation of women (Carrasquillo the stigma surrounding HIV and prostitution is so great 2014: 704). As Barry (1995) argues, “There is no legal that sex workers, and those associated with sex workers, approach to prostitution that isn’t abusive and doesn’t may decline to get tested and seek treatment because exploit women. Each patriarchal state system in its own of the shame associated with HIV and prostitution. way locks women into prostitution. In prohibitionist Unfortunately, “...enforcement of prostitution laws systems, where prostitute women are criminals, they can against the sellers of sex disproportionately harms hardly expect justice to turn
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